Criminal Law Questions? Ask a Criminal Lawyer.
You should certainly hire an attorney. The problem is that since this is a felony case, the court is going to want something to assure her appearance at all court proceedings, until the case is resolved. This is normally done by setting a bail on a person and having them post a bond. The attorney can try and contact the State Attorney, before charges are filed and try to explain the situation to them. They may be willing to not proceed with criminal charges, since the car was returned and if you are willing to pay for any damages they may have suffered. Moreover, if you can prepare a statement that your attorney can show them, they may see this was out of the control of your mother and brought on because of your actions. The State Attorney may agree to an in court surrender, to at least serve notice of the charges and the Judge may be willing to release your mom on her own recognizance, that she will show up, considering the circumstances.
Thanks for the speedy response! The rental car agency and detective says that they are going to turn it over today at 5pm. So what should we do first? Contact the lawyer? State Attorney or wait?
Lawyer. You are not able to speak with the State Attorney. The lawyer will contact the case filer and try to get them to not file the charges, if he can show a substantial reason.
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